Modi, J.—This is an appeal by the plaintiff Jaskaran against the judgment of the Civil Judge, Sikar dated 27th May,1952 in a suit for recovery of money by which he returned the plaint for presentation to the proper Court under O.7.r. 10 of the Civil procedure Code.

2. It is unnecessary to state the facts of this case at length in view of the conclusion at which I have arrived that this appeal must go back to the learned District Judge concerned in whose court it was originally filed, for disposal on merits. A few facts may, however, be stated which have culminated in the presentation of this appeal, here.

3. The suit was filed by the plaintiff on the 25th May, 1950 in the Court of the Civil Judge, Sambhar and eventually it was disposed of by the Civil Judge,Sikar to whom it had been transferred in the meantime. The Civil Judge decided all the other issues except that of jurisdiction in favour of the plaintiff, but as he came to the finding that the defendants did not actually live within the territorial jurisdiction of his Court, he concluded that he had no jurisdiction to take cognizance of the suit and in that view ordered the return of the plaint for presentation to the proper Cou

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